Swing For Death
by Wallyhorse
Summary: A woman is murdered in Central Park in broad daylight. An extremely unlikely piece of evidence from something unrelated turns out to be the key to this case, and Serena faces Jack as a defense attorney for the first time.
1. Chapter 1

Disclaimers: This is strictly a story suggestion. The main "L & O" characters are owned by Dick Wolf, and are only borrowed for this story suggestion. Where I have names of actors listed for characters I created, those actors would be my first choices to play such characters unless it's the character the actor listed has previously played (and therefore is the property of Dick Wolf and borrowed for this suggestion). This story is in part ripped from the situation involving the alleged murder of Natalee Holliway in Aruba by two teenagers.

The story opens on a seasonable, clear early Friday evening in early August with (it still being daylight outside and) a touch football game going on at the Great Lawn of Central Park (around 82nd-85th streets). A (mid-20ish) woman with long blonde hair (named Colleen Murphy) is catching a pass thrown at her with a man with short, dark hair and a beard (named Richard Bowman) playing defense trying to catch her before she can score. He dives in the hope of touching her leg to prevent her from scoring, which he does, but winds up accidentally grabbing her left leg enough to pull down one of a pair of UGG boots she was wearing (with a long-sleeved t-shirt and denim miniskirt, he was wearing a t-shirt, jeans and running shoes).

"I thought this was touch football, not 'try-and-pull-the-boot-off-my-foot'-ball", said Colleen to Richard as she kicked the boot that was pulled down off her foot, giggling quite a bit afer she said it and smiling to him.

"You know I didn't mean to do that", said Richard.

"I know you didn't", replied Colleen, giggling again.

While Colleen picked up her boot, both saw what appeared to be a man with a baseball bat a bit ahead of them at the northern end of the lawn head towards a bench where a woman was sitting. Sensing something was wrong about this (given the way the man was dressed, with a black turtleneck and pants and turning out to also be wearing a gloves and a ski mask that could not be seen from as far back as they were at that point), before Colleen could get her boot back on, both began walking quickly towards the bench, but it was too late to stop the man from swinging it twice at the woman's head, hitting her squarely in the head both times and killing her instantly, then running off before anyone could catch the man, who threw the bat at those chasing him (with no one getting hit by it) and running off into a part of the park where it was impossible to see where he was going.

"Name is Chara Fenstien, 48.", said a uniformed officer to Joe and Ed on their arrival at the scene.

"Mother of one of the boys who supposedly murdered a girl in South Florida in March, but with no evidence or body they couldn't hold the kids", said Joe to the Officer.

"I remember that case. Some think the body is somewhere in the Atlantic Ocean", said Ed to Joe.

"Or the Florida Keys", replied Joe as Colleen and Richard came up to the Detectives, introducing themselves.

Colleen explained what was going on to the Detectives: "We were playing touch football over there (pointing to the great lawn), and it was after he (then pointing to Richard) prevented me from scoring and accidentally pulling down my boot that we saw what appeared to be a normal scene at first. It was only after I kicked off my boot and was about to put it back on that Richard and I saw someone who had a baseball bat and ski mask come over and whack that poor woman twice in the head. We had actually started over before he did it, but we were too far away", then pointing to everyone who was playing the game as she said, "We all then took off after the man, but he threw the bat he used to kill her at us as he ran that way", pointing to a heavily wooded area of Central Park where he could not be easily seen, with Colleen then adding, "He seemed to be 6' 5", I would have to guess around 250, maybe closer to 300, he looked like a big guy. Richard and others then basically repeated what Colleen said, with those closer to the wooded area noting he ran into there before any of them had a chance to catch him, including his wearing what appeared to be a pair of work boots.

Joe, Ed and uniformed officers then follow the path and indeed see footprints that suggested the suspect was in fact wearing work boots. The path took them in Central Park up to the exit at 96th street and Central Park West, where they then notice prints of the boots in dirt on the sidewalk continued in a pattern that suggested he at least crossed 96th street. That would be confirmed when they head to the lobby of an apartment building on Central Park West between 95th and 96th streets, where they find a woman (named Sarah Joyce) who was sitting on the couch in the lobby, wincing in pain, holding her left foot that had been stepped on.

"He came out of nowhere. I had just gotten off the bus at 97th and was at the corner on 96th, having just missed the light when this man was running like he was being chased. He stepped on my foot really hard, enough so to break my shoe", said Sarah, then showing Joe and Ed the shoe that had been on her left foot, a dark brown, high-heeled loafer with a tassle that (was squished and) had the heel severely bent backwards (that she was wearing with a beige, knee-length skirt suit and an open-collared blouse that matched her shoes and her dark brown hair up) before adding "I should be lucky it was only this. Anyway, he then went running into the subway station, while I then just got up and limped over here, amazed I could put weight on my foot after that", with Joe and Ed noticing she was still wearing the other shoe.

"Do you know what he looked like?", said Joe, with Sarah replying, "Somewhat. He was big, I would have to say about 6'5", maybe taller and I would say based on how hard he stepped on my foot somewhere between 250 and 280."

"Do you remember what he was wearing?", then asked Ed, with Sarah responding while taking off her other shoe, "He was dressed a bit odd for this time of the year, a black turtleneck and very dark pants. I assume he was wearing work boots as that's what it felt like when he stepped on my foot, and there are marks on my foot that suggest that's what it was."

"Those do look like prints of a workboot. Your foot took a really hard shot when that happened based on the imprints", then said Ed.

Sarah replied while looking at her foot, "Like I said, I'm lucky I'm not in an ER having it checked out, as my toes would probably have been broken if I had been wearing sandals, that's how hard he stepped on my foot. I assume you're going to need these for evidence?", then handing over her shoes to the Detectives.

"Yes. We think whoever stepped on your foot committed a murder in Central Park. Do you mind if we take a picture of your foot?", asked Joe.

"Not at all, especially given this may be evidence. Given everything, I would not be surprised if that's why whoever did step on my foot didn't stop", then said Sarah.

A uniformed officer with a camera then comes by and takes a picture of Sarah's foot that is then sent to the 2-7. After getting back her phone Sarah then gets up and walks to the elevator with a noticable limp while a uniformed officer who comes by takes the shoes back to the 2-7 as they were possible evidence.

"You know a lot about the law, don't you?", then said Ed before they left.

"Dad's been a defense attorney for 30 years, and I'm a lawyer myself", then said Sarah with the Detectives then leaving.

Joe and Ed then head into the subway station, where they talk to the token booth clerk who was on duty when this appeared to happen. The clerk (named Larry Styles) said he did in fact see something suspicious.

"Two people almost got knocked down the steps by that man, who came barreling in here like someone was after him", said Larry, pointing to the steps leading to the station entrance/exit that on street level was right next to where Sarah had her foot stepped on.

"Did you see him after that?", then asked Joe.

"No. An uptown train came in at that point that I could see, and I assume he got on that", then said Larry, with Joe noticing there were a few steps that led to the uptown platform.

"We're going to need the tapes from cameras here, and at other stations north of here", then said Joe to the clerk, with his calling into the precint on his cell phone noting he will also need the tapes of other stations north of 96th street.

With that, Joe and Ed then decide to ride the train one stop north to 103rd street, as they realized that was the last stop going northbound of the way the subway on Central Park West was set up (on two levels with uptown trains on the upper level and downtown trains on the lower level), that after seeing small specs of dirt that suggested he did get on a train that came in, rode one stop to 103rd street and then headed downstairs once there. Joe and Ed don't see anything at that point, but felt that could prove to be the case later as they headed for the morgue.

"That bastard who thought our son killed that woman probably did this!", yelled Chara's husband Joseph upon seeing his wife's body at the morgue.

"Who are you talking about?", asked Joe.

"Gary Donnellan. You know his daughter Marcy was the one presumed killed in Florida by allegedly our son", then said Jospeh.

"I know, but there was no proof your son did that", then said Ed.

"You and I and the police in South Florida know that, but the Donnelans are convinced our son Ben killed Marcy, even though there is no proof he did, other than the fact he was in the last place that girl was seen alive in South Florida. He and two others were cleared on all charges", said Joseph.

"And where is your son?", asked Joe.

"Somewhere well secluded, where those people who think he is responsible can't get to him easily. He's gotten death threats as did my wife and I over what happened in March. I can't believe anyone would follow through and kill my wife, however", then said Joseph, who then started to break down with Joe and Ed called in by M.E. Rogers.

"Whoever did this had to be really strong. It appears the first blow actually killed her. He didn't even need to do the second swing", said Rogers, pointing to where the first shot landed, right on a spot on the skull that cracked it wide open and killed her instantly, with Ed then getting a call that confimed the blood on the bad was Chara's.

Joe and Ed then head to the apartment of Gary Donnellan on 8th avenue and 23rd street. He was there with his attorney, Charlotte Swan.

"As soon as I heard what happened to Ms. Feinstein, I knew you'd be coming over. That's why my attorney is present", said Gary upon seeing the Detectives.

"I've seen you before Ms. Swan.", said Joe as Charlotte came over.

"Oh yes, when you came with that other Detective to Helen deVries' home and my client was subsequently murdered!", then said Charlotte.

"You know that wasn't our fault. Det. Falco and I were just doing our jobs", then said Joe.

"I know, but it doesn't hurt any less", then said Charlotte before briefly pausing to clear her throat and then continuing, "Anyway, my client just got back from Philadelphia, and he was on the train to Penn Station when this happened if as I understand it the time of death was around 6:00, 6:15?

"6:40 according to witnesses", then said Joe.

"Then there's no way I could have been in Central Park when it happened. I got back to Penn Station right around 6:30. Even if I got the "C" train uptown right away, I would still not have gotten to Columbus Circle until around 6:35-6:40 at the earliest, and then it would have been another three stops to 86th street, the closest stop to the Great Lawn where this happened if I'm not mistaken?", then said Gary.

"Yes, that's where it happened", then said Joe.

"Then there really is no way I could have been there. You can ask the doorman, he saw me come in around 6:45, and there are others who saw me. As much as I think Mrs. Feinstein's son killed my daughter, and I would like to see justice, I would not kill her. I would not have even known she was in the park when she was, let alone the exact location", then said Gary.

"You know you make sense. We'll still have to ask them", then said Joe.

"Of course", then said Gary, with Joe then asking where his wife was, and Gary repsonding, "She's in Florida, where she's working with a private investigator. She's been down there on and off for the past four and a half months since this happened."

After that, Joe and Ed leave the apartment and ask the doorman in the lobby, who along with others confirm that Gary had come in around 6:45 PM as he said he did.

"That sure eliminates him", said Joe as they walked out of the building onto 8th avenue, with Ed recieving a call on his cell phone that tells them the tapes from the various subway stops were ready with police technicians going after it.

When Joe and Ed look at the tapes at first, they realized their first hunch was right: Whoever did this did in fact get on the train at 96th, rode uptown one stop to 103rd street and then went downstairs and as they realized only rode back two stops to the 81st street station, getting out there. Blowing up the pictures further gives them a startling discovery.

"That's Joseph Feinstein!", said Joe and Ed, seeing what they realized was the same man at the morgue, who on the tapes was wearing the same turtleneck and pants that was noted by earlier witnesses, with the key being his nearly knocking down two people at the entrance, with further camers showing the rest. With that, Joe and Ed call Alexandra Borgia, who is then able to get a warrant, then meeting Joe and Ed at Joseph Feinstein's apartment on 81st street and Central Park West.

Upon showing up (wearing a dark, denim jacket and above-the-knee skirt set with a white, sleeveless collared shirt underneath the jacket and a pair of black pumps), Alexandra said to the Detectives in a not-so-pleased tone, "You're very lucky I was one, in Manhattan and two, dressed to where I could go see a judge at this hour and not have him think I was a hooker!", handing the Detectives the warrant and then taking off her left shoe and holding it where the Detectives could see before saying in a clearly teed-off tone, "These shoes were not made for chasing down a warrant at two in the morning!", then taking off her other shoe, unhappy about having to go see a judge at the hour it was on a Friday night-early Saturday morning as she was grimicing in a bit of pain from her feet as well. She then apologized for her rant, saying to Joe and Ed, "I'm sorry I snapped like that, I was at an exhibit in the Village when you called and I've been on my feet all night", with Joe and Ed realizing she was not expecting to have to see a judge at such a late hour. Joe and Ed then head for Joseph's apartment with Alexandra waiting outside, sitting in a squad car that was parked on the curb.

"What the hell? At two in the morning!", said Joseph to the Detectives as they came over, showing them the warrant to search his apartment, with their coming in along with several uniformed officers.

"We have a warrant to search your apartment", said Joe to Joseph.

"Can't this wait until the morning? There are people in the building who are sleeping that will be very angry that they are awakened by this", said Joseph.

"And they can all blame you", then said Ed, with a uniformed officer then calling over the Detectives to a closet in the apartment.

"Look what we have here. A pair of workboots that matches the description of what we were told the person who killed Mrs. Feinstein was wearing, and I'll bet we'll find dirt from Central Park nestled underneath the boots", said Ed, who also saw a pair of gloves near the boots that had also been said the man who killed Chara was wearing. With that, Joe and Ed arrest Joseph for the murder of his wife.


	2. The Trial

"Swing for Death", Part 2

Disclaimers: See Part 1.

At an early Saturday morning arraignment, Joseph is held without bail even though he pleaded not guilty by reason of extreme emotional distress, with Alexandra surprised to see her predecessor, Serena Southerlyn defending Joseph.

Jack is then surprised to see Serena walk into his office a short time later.

"Why are you so surprised? You knew I'd probably be back here eventually", said Serena, who further surprised Jack by showing up in his office on a Saturday morning wearing a knee-length skirt suit, albeit with a t-shirt under the jacket and ballet flats (Jack was wearing a polo shirt, jeans and boat shoes), then asking Jack where Alexandra was.

"Lexi is getting some sleep as she had to be up all night because of what happened", said Jack.

Serena replied, "Such memories of those kinda nights. Anyway, my client is claiming emotional distress because he also hired a private investigator to look into what happened with his son down in Florida, and apparently there is new evidence that unbeknowest to him and their son Ben, his wife was in Florida in March, having an affair with another man and that both Ben along with Marcy Donnellan saw them together, with Chara and the man she was having the affiair with killing Marcy out of fear she would tell my client about it, and apparently took the body to a cemetary near where the man lived and buried it there", with Serena then getting a phone call that actually confirmed that was the case, with the man who helped Chara kill Marcy Donnellan now in custody there, with Serena then leaving.

Arthur then walks in after Serena leaves "This is something else. Man kills his wife because she not only was having an affair with another man, but because it turns out she was trying to make it look like someone else committed the murder of a girl in a highly celebrated case that she was going to possibly allow her own son to take the fall for?"

"That's what it looks like, bizarre as it sounds", said Jack.

"And Serena is defending Mr. Feinstein?", asked Arthur.

"Yes", said Jack.

"I knew she'd be back soon enough", then said Arthur.

"Yes, and I shouldn't have been so shocked. I was just surprised it would be on a Saturday morning and she'd actually be wearing a suit. She told me when I last saw her before this she's making six times what she made here, and wasn't even out of work 12 hours", then said Jack.

"I know. Big firm that has a lot of gay and lesbian clients wanted her immediately after I fired her. I suspect she would have left here anyway if I hadn't", then said Arthur.

"You're probably right. They had to know she was a lesbian for a while before she was fired from here. I know the firm, a lot of their clients like to have 'their kind' representing them", then said Jack.

"Anyway, I heard Lexi had a very long night with the Detectives", then said Arthur.

"She did, otherwise, she'd be here helping me now. She was in no shape to continue after arraignment this morning", then said Jack.

"I can imagine. She was at some exhibit with Susanne and my daughter when she got the call about 12:30 this morning. I only know about that because I happened to be up when my daughter came in early this morning", then said Arthur.

"Of course, Susanne Gorton and your daughter have been friends longer than they've been friends with Lexi", then said Jack.

"Since they were kids", then said Arthur.

"Anyway, Serena told me that it apparently was the truth, and the man who apparently helped Chara Feinstein murder Marcy Donnellan in Florida is now in custody for that", then said Jack, with Arthur about to say to Jack that he had to separate the two, but Jack stopped him and then said, "I know I have to separate the two cases. What's going on down in Florida is going to make this case very difficult to win."

With that, Arthur leaves Jack to working, with Jack watching the all-news channel that does in fact confirm that the alleged lover of Chara Feinstein was now in custody for the murder of Marcy Donnellan.

Meanwhile at Rikers, Joseph Feinstein talks to George Huang, who is handling this examination:

"I heard the man who helped your wife murder that woman in Florida is now in jail for what happened there", said George to Joseph.

"Yes, I heard about it about an hour ago. I hope that man gets the death penalty for what he did to that woman and for along with my wife causing my son to go through hell the past four and a half months", replied Joseph.

"I know he was originally charged with murdering Marcy Donnellan", said George.

"Yes, he was, but it was proven he had no involvement in the murder other than happening to be with the girl before she was killed", said Joseph.

"That's how I understood it", said George.

"And that is what happened. The problem is, Marcy Donnellan's parents refused to believe that my son was not responsible for what happened, and they had their private investigator try to prove that. There were so many others who believe it was my son that I had to send him into hiding a month ago", then said Joseph.

"I can imagine their frustration, after all, they did lose their daughter", then said George.

"I can't imagine losing a child, however, the evidence clearly showed my son wasn't involved. Of course, I didn't know my wife was involved in the killing until the new evidence came about", then said Joseph.

"What made you want to kill your wife?", then asked George.

"I just snapped. Her betraying me on so many levels, cheating on me with another man like she did and helping kill a woman just to keep her affair a secret, and top of that putting our own son through hell to do so, that was too much. 26 years of marriage and you don't understand why she would do that", then said Joseph.

"Was there any problem you didn't think of?", asked George.

"That's just it, nothing where I would expect her to suddenly become unfaithful like that. She never even hinted she was having an affair", asked George.

The conversation then continued along these lines, with George relaying what happened to Jack, with Jack barely surprised at all, especially having learned by that point that the man who helped Chara kill Marcy Donnellan confessed to the crime, saying he helped Chara because she was scared that Marcy would tell her son Ben, who would then relay the information to his father. With Joseph refusing any and all deals (and Serena reminding Joseph that Jack is her former boss and is the #2 man in the DA's Office for a reason), they go to trial.

The trial goes as expected early on, as Jack first calls the people who saw what happened in Central Park, starting with Colleen Murphy and Richard Bowman, who were walking quickly towards the bench where Chara was killed, but could not get there in time, also explaining that he threw the bat, but luckilly no one was injured, with the bat brought into evidence. Jack then puts on Sarah Joyce, who was first asked what happened that Friday evening.

Sarah would testify, "It was about 6:45-6:50 that evening. I had just gotten off the 96th street crosstown on Central Park West and 97th and was walking back to my apartment between 95th and 96th when as I was getting to the corner, a man wearing a dark turtleneck and dark pants came out of nowhere and I had no chance to get out of the way."

"And what happened next?", asked Jack.

"He stepped on my left foot very hard, with it feeling like a half-ton to a ton that was on my foot. It was remarkable my foot wasn't broken, especially given how badly damaged my shoe was", said Sarah with Jack then admitting into evidence the shoes Sarah was wearing when it happened, with Jack then asking Sarah, "Is that how you remembered seeing your shoe after your foot had been stepped on?"

Sarah replied, "Pretty much. The man who stepped on my foot didn't stop, and I did manage to see him run into the subway station even though I was in a lot of pain at that point. Once I got the shoe off, I got up, and to my amazement was able to put weight on my foot even though it had been squished, limping a half-block to the lobby of my building where about 20 minutes later I saw Detectives Fontana and Green."

"And before you saw them, you had no idea your foot being stepped on was related to a possible murder investigation?", asked Jack.

Sarah replied, "Yes. Before I saw the Detectives, I thought it was someone so caught up in their own situation, oblivious to where anyone else was."

Jack then brought into evidence a picture of Sarah's foot that was taken when this happened, with that shown to the jurors after an objection Serena raised that was overruled. Jack then asked Sarah if that is how she remembered how her foot looked when it was, with Sarah responding, "Yes. Those marks in my foot looked like some sort of a brand, and even now I still have some traces on it, though nothing like when it happened." Jack then brought into evidence the boots that Joseph Feinstien was wearing along with dirt from the part of Central Park he ran through that matched that inside the traction of the boots and pictures of the imprints in the dirt from the time just after the crime happened.

In cross, Serena asks Sarah how sure she was it was someone wearing work boots that stepped on her foot, not believing at all that it was her foot, with Sarah responding, "Very sure. I felt it when it happened, and it was enough to break the shoe I was wearing in half. While I didn't have to see a doctor about it because I was able to put weight on my foot right away, I've worn boots a lot of the time since, including now." (Sarah was wearing a pair of flat boots with an above-the-knee tweed skirt suit).

Serena was then finished with Sarah after she said to her, "I saw that when you walked to the stand."

Jack then re-directed, saying to Sarah, "You mentioned that you still have marks on your foot from when you were stepped on. In light of what Ms. Southerlyn asked, would you mind showing up the marks up close?", with Serena then objecting for relevance, and Jack and Serena both approaching the bench.

Serena would ask why this would be relevant, with Jack pointing out that Serena opened the line of questioning when she brought up the doubts that it was her foot. Judge Hewes then said to Jack and Serena, "Bizarre as this is, I have to overrule given this is relevant to this case. You did open to the line to this Ms. Southerlyn." Judge Hewes then officially overruled Serena's objection, with Sarah then stepping out of the witness area and after being seated on a chair brought out to the middle of the courtroom took off her left boot to show the Jurors that, although very light, she in fact still had marks on her foot that matched the imprints of the bottom of the workboot Joseph Feinstein was wearing along with the fact her foot matched the one that was in the picture taken previously. Jack was then finished with Sarah, and with that court was adjurned for the day.

Outside the courtroom, Alexandra was about to ask Jack why he did that when (after putting her boot back on) Sarah caught up to both and said, "Don't worry about doing what you did in there Mr. McCoy. If it were my case, as long as the witness was willing to do so I would have done the same thing. That's why I was so willing to do that even though it was very awkward."

"Looks like I got my answer as to why you did that", said Alexandra to Jack.

"Yes, and that's the first time in nearly 35 years as an attorney I had to do that. Probably about the only time where a foot from someone not dead and in an unrelated incident winds up being a key piece of evidence in a murder investigation, do I make sense?", replied Jack, with Alexandra laughing a bit thinking of how bizarre that really was as they exited the courthouse.  
Testimony continued the next day, starting with Joe and Ed testifying that they went through the path that Colleen, Richard and others said Joseph went through, clearly noticing the prints that looked like workboots that were in the dirt. In each case, Joe and Ed then explained it took them to 96th and Central Park West, and it was when they realized he probably at least crossed Central Park West, they decided to head to the building to see if the doorman happened to see anything, and that was where they found Sarah Joyce, who had explained to them what she went through.

Larry Styles was next, testifying as to what he saw, that of who turned out to be Joseph running down the steps at breakneck speed, nearly running over two people and onto a train that had entered the station. After an objection by Serena that was overruled, Jack introduced into evidence the tapes that proved it was in fact Joseph who ran into the station and then after getting off at 103rd street (one stop north) going downstairs to get the downtown train back 81st street, where he was then seen getting out of the subway.

With that, Jack was finished, while Serena began her defense. She first called George Huang to the stand, who basically re-interated what he said to Jack about his snapping when he found out Joseph's wife Chara actually was involved in the murder of Marcy Donnellan, and how he felt he was not responsible, with Jack then asking George why he felt that was the case:

"He had to endure his son being charged and then having to put his son Ben into hiding because of the murder victim's father steadfastily believing along with others that Ben actually killed Marcy Donnellan when it was actually his wife Chara and a man he was having an affair with", said George, after which Jack was finished with him.

Ben Feinstien was next to the stand. Serena would open by asking how he met Marcy Donellan, with Ben saying, "I was on the beach with a few guys, and this girl and some friends came up, who turned out to be Marcy. The attraction was mutual, and we wound up spending a couple of days together."

"And it was when your mother saw you and Marcy together that you sensed something was up with her?", asked Serena.

"Yes. She was with a man whom while I thought she was having an affair with, I should have in retrospect come out and asked, especially when she said he was his "business partner." She did act awfully suspicious then, and I was puzzled as to why she was down in Florida", said Ben.

"When you learned Marcy was missing, what did you think?", asked Serena.

"I was concerned because I had dropped her off at her hotel, and didn't see her go in because the entrance was crowded with a lot of kids. I assumed at that point someone might have taken her to a bar, but she actually decided to head back to the beach as I found out later", said Ben.

"And no one on the beach saw your mother and the man who turned out helped your mother kill Marcy?", asked Serena.

"From what I understand, yes. The police assumed that it was me and my friends who did it, because there were pieces of beer bottles that had our fingerprints on them that were broken that were used on Marcy. It was later proven that both my mother and her lover used gloves so it would look like we did it", then said Ben.

"Even after the police cleared you when it was proven you were not near the crime scene when it happened, there were those who didn't believe that?", asked Serena.

"Yes. Marcy's parents for one. It got bad enough where I had to go into hiding", said Ben.

With that Serena finished her questioning, with Jack asking Ben, "If you were so sure your mother was having an affair, why didn't you tell your father?"

"I couldn't say that because I wasn't sure. If I was wrong, it would have caused needless anger", said Ben.

"Even after you were a suspect in the murder?", asked Jack.

"Yes, because my mother helped clear me", said Ben.

Jack was then finished with Ben, with Serena then calling Gary and then Flora Donnellan to the stand. Both said they were blind to the possibility that it was Ben's mother who killed Marcy to cover up an affair. They were convinced Ben did it right up until the man now in jail for Marcy's murder admitted he did it to cover up an affair he was having with Chara, with both apologizing in court to Ben and Joseph for not believing them. Jack didn't cross either witness.

Serena's final witness was Joseph, who basically re-interated what Ben had said, adding, "I became totally incensed when I found out that Chara along with that man in Florida actually killed Marcy Donnellan, and making it at first look like Ben did it. I knew she'd probably be having to head back to Florida at that point, and after what she did to Ben and I, I became so enraged that I just took a bat out of the closet and got dressed with the intent to make it look like it was a random killing by some maniac. I'm just glad in getting out of there I didn't break that woman's foot."

In cross, Jack would ask why didn't he think to go another route, "I had already been humiliated and threatened by what Chara did, as did my son. I just simply snapped!"

With that, in closing arguments Serena tried again to portray Joseph as a man who was driven insane by what his wife did, while Jack reminded the jurors that Joseph brutally murdered his wife in broad daylight in front of many people in Central Park. Jack's reminder would turn out to be the difference, as while it took two and a half days, Joseph would be found guilty of second degree murder.

"Not fair Jack. This was just like those other cases we were on the losing end where they got off on distress charges", said Serena.

"The Jury felt otherwise", then said Jack as Serena walked out first, followed by Jack and Alexandra.

The final scene takes place later that late October evening outside the DA's Office (one that was seasonable with temperatures in the 50s), with Alexandra saying to Jack, "So the stepped-on foot turned out to be the difference."

Jack replied while Alexandra took off her left shoe and began bending it inward while they slowly walked, "The jurors said it did. They realized this was someone who committed a crime and should be punished, and that it was the fact the cops were able to figure from the workboots and the marks on Sarah Joyce's foot that made him guilty. That has to go down as the most bizarre piece of testimony I think I'll ever have at trial", then looking at Alexandra and asking, "What are you doing Lexi?"

"I'm still facinated at how her foot wasn't broken by the impact. These are the same kind of shoes Ms. Joyce wore when that happened, and these I might add are very sturdy shoes. That impact had to be even more than she said it was", replied Alexandra (who was wearing them with an above-the-knee skirt suit, white turtleneck and black trench coat and clear hosiery) who then stuck out her foot and said while looking at it, "My foot would have almost certainly been broken if I felt what she did" then putting her shoe back on, with Jack and Alexandra then splitting up once Jack got to his motorcycle.


End file.
